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The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one million won of fine) against the Defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of two years on August 18, 201 due to a violation of the Punishment of Violences, etc. Act (joint assault) at the Incheon District Court on August 18, 201 and the judgment became final and conclusive on August 26, 2011. In such a case, the crime for which the judgment to be sentenced to imprisonment without prison labor or heavier punishment became final and the crime committed before the judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt the punishment in consideration of equity and the case for which the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the judgment below, which did not take such measures, is no longer upheld
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the addition of "the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Incheon District Court on August 18, 201, and the judgment became final and conclusive on August 26, 201" to the facts constituting the crime. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and (1)3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act.